HomeMy WebLinkAboutCouncil Minutes - November 15, 2023
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Rexburg, ID 83440
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City Council Minutes – November 15, 2023
Mayor Jerry Merrill
Council Members:
Robert Chambers Jordan Busby
Mikel Walker Tisha Flora
Colin Erickson Bryanna Johnson
City Staff:
Stephen Zollinger – City Attorney
Matt Nielson – Finance Officer
Keith Davidson – Public Works Director
Alan Parkinson – Planning & Zoning Administrator
Scott Johnson – Economic Development Director
Deborah Lovejoy – City Clerk
5:00 Work Meeting – Local Improvement District 53 (LID 53) Review (0:06:18)
Public Works Director Davidson mentioned the city applied for a two-million-dollar grant in
September of 2023, the city is being recommended to receive the grant by the Idaho Transportation
Department. Discussion regarding the streets that would be repaired with the grant funds if those funds
were to be awarded to the city.
Public Works Director Davidson reviewed the work needing to be completed on Local
Improvement District 44 (LID). The curb in the Cresthaven Subdivision is rolled and has over settled on
its backside. He said the condition of the base underneath the road is not good in that subdivision. One
of the concerns is, if the road is not completely gutted the curb next to the road may lift. Council
Member Flora said her concerns with gutting the entire road is that the sidewalks, curb, gutter, and
driveway aprons will need to be replaced when they are in fair condition.
Council Member Johnson said she would consider the city picking up the cost of the curb when an
LID is being completed.
Council Member Chambers asked Public Works Director Davidson for his recommendation for the
Cresthaven Subdivision Street reconstruction. Public Works Director Davidson said sometimes it is
easier to replace the entire road, sidewalk, curb, gutter, and driveway aprons. Mayor Merrill said he is
in favor of reconstructing the road without tearing out the sidewalks, curb, and gutter.
Council President Busby said he too is in favor of only repairing the road and not the sidewalk,
curb, and gutter. Discussion regarding notifying the property owners of the option to participate in the
LID to replace the sidewalk, curb, and gutter.
City Attorney Zollinger cautioned with setting a percentage of city participation costs to replace the
sidewalk, curb and gutter based on the condition of the street because it is irrelevant. A property owner
purchased a lot with a particular curb, gutter, and street in front of the property and in theory they paid
for what they got. The people that purchased property in the Cresthaven Subdivision bought into a
substandard subdivision, it was their decision to purchase the property, not the city’s. The people that
purchased a lot in the tree named subdivision did not buy into a substandard subdivision and their road
has lasted 50 years. It would be unfair to the subdivision with tree name property owners to pay full
value compared to those that paid less for their lots and have not paid over the last 45 years.
City Attorney Zollinger said for example, the Summerfield Subdivision is new, and the road was
built to a better standard, and we believe the street, curb and gutter will be in good condition over a
long period of time. The Summerfield Subdivision property owners purchased property where the city
will not have to LID for a long period of time. He asked what would happen if the Rexburg Heights
Subdivision property owners desire to be annexed into the city and they want the city to rebuild their
road. The Councilmember’s decision should not be based on the condition of the road when the repair is
being proposed. He asked how the city equalizes what the taxpayer is being called upon to spend on
public right of way. The reason why LIDs need to be either in or out is because it is an equitable
distribution across the community if the percentages of distribution remain the same for every LID
participant. The percentage of city subsidy should not be based on the condition of the road at the time
of repair. The decision of the percentage of city subsidy could be based on the use of the road. The
Cresthaven Subdivision Road only benefits the property owners in that subdivision whereas the Birch
Road serves all the people coming and going to Lincoln Elementary School.
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Public Works Director Davidson explained one of the issues with option 2 which only repairs the
road and not the sidewalk, curb and gutter is that in prior LIDs the property owners had to replace the
sidewalk and driveway aprons to comply with ADA standards. There could be other ramifications with
only fixing the road and not replacing the sidewalk, curb, and gutter.
Discussion regarding sidewalk along the frontage of the Millhollow Subdivision. Currently,
there is not a sidewalk along the frontage of that subdivision. Discussion regarding ribbon
curbing and concrete warranty for LIDs.
6:30 P.M. City Hall (1:29:44)
Landon Twichell said the prayer.
Melissa Egate led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Chambers,
Council Member Erickson, Council Member Walker, Council President Busby, and Mayor
Merrill
Presentation: Idaho Peace Officer Standards and Training (POST) Certifications
Recognition – Eric Wheeler, Gary Hagen, and Sam Jaeckel. (1:32:54)
Police Chief Rhodes explained one of the Rexburg Police Department’s goals is to be self-reliant and
to build leaders within their department by being able to train new police officers in house. There are
officers that are POST certified as K-9 trainers, firearms, and the other disciplines to be able to train
new officers. He said he wants to recognize the hard work these officers have accomplished. Officer
Jaeckel recently completed the POST credits to be certified in K-9 training by completing over 160
hours of instruction with a POST certified instructor. Chief Rhodes mentioned Officer Jaeckel has
completed 480 hours of K-9 training on his own without the instructor. Officer Wheeler has completed
the POST hours for his master’s certificate by completing 1500 hours of POST certified training and has
worked with a law enforcement agency for 15 years. Assistant Police Chief Hagan has completed his
POST management certificate. The management certificate requires 100 hours of POST management
training in the executive level classes.
Mayor Merrill thanked the Law Enforcement Officers for their time and effort put into their training.
He knows the Rexburg Police Department is well respected across the state.
Public Comment: Limit 3 minutes; issues may be considered for discussion on a future
agenda. Please keep comments on point and respectful. (1:38:42)
Items from Council:
A. Committees: MEPI, Cultural Arts, Grants, School Board, MUSIC, MYAB, Traffic &
Safety, Emergency Services Board, Trails, Beautification, Parks, Recreation, Urban
Renewal, Airport, Golf Board, and Legacy Flight Museum
Council Member Erickson reported he drove by Porter Park at nine o’clock in the morning and the
parking stalls on the west, south and most of the north side were full. He drove by Smith Park and there
were only three vehicles parked at the park. He believes there is a parking issue at Porter Park. Mayor
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Merrill said come December 15th overnight parking on city streets will not be allowed and they will
discuss the parking issues at Porter Park at a future City Council meeting.
Council Member Walker reported the Mayor’s Youth Advisory Board performed their Halloween
Safety skits to the Madison School District elementary schools in October. They will be meeting
tomorrow to discuss their assignments for the Shop with a Cop Program.
Council Member Chambers reported on the Community Thanksgiving Choir Concert on November
23rd at 10 o’clock at the Tabernacle. The Christmas Tree Lighting will be on November 27th on Center
Street at 5:30 p.m. followed by a Community Christmas Concert at the Romance Theater and Santa
Clause will be there too. He also mentioned Handel’s Messiah Play on Sunday December 17th, 7:30 p.m.
at the Tabernacle.
Council President Busby reported the trimester is ending which means one third of the school year
is almost complete. The Madison High School presents concert series has been a successful fundraiser
for the school district. As part of the fundraiser concert series Kurt Bestor will be performing on
December 19th at 7 p.m.; the tickets went on sale this evening. The Madison High School Volleyball
Team won the state championship.
Council Member Flora reported the Urban Renewal Agency met today to sign off to pay on invoices.
The Parks Committee meets every Monday to discuss plans for the new Teton River Park. They are also
discussing the possibility of installing special needs playground equipment at Smith Park. The
Historical Buildings Committee met to discuss the flooding that recently occured at the Museum of
Rexburg due to the toilets overfilling with water in one of the restrooms.
B. Other Reports:
Staff Reports: (1:52:18)
A. Finance: – Matt Nielson
1. Financial Reports
Finance Officer Nielson reviewed the Treasurer’s Expenditure Report by Fund. He did not include
the cash fund balance in the report because of the end-of-year process they are completing to close out
the accounts. The budget is at 8% through the Fiscal Year 2024 and most of the funds are within
budget except for the High 5 Grant Fund. The reason the High 5 Grant Fund is at 86% of budget is due
to the purchase of a food trailer. The food trailer was purchased as an economic development tool to
assist new food businesses with commercial kitchen space. The business owner would be able to rent
the food trailer for a fee to test out their food product before committing to rent a brick-and-mortar
building to operate their business.
Mayor Merrill said the Blue Cross Foundation awarded the city the High 5 Grant and some of the
grant funds have been used for play-ground equipment. The Blue Cross Foundation representatives
reviewed the list of items the grant funds could be used for, and they liked the idea of the city
purchasing the food trailer.
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2. Review fee changes and set public hearing date for December 6, 2023 (1:56:11)
Finance Officer Nielson reviewed the proposed fee changes. Council President Busby mentioned
there are a few punitive fees the Building Department has added. He questioned if there are a lot of
situations occurring that would warrant the punitive fees. Finance Officer Nielson replied to his
knowledge, there have been some contractors that occupy the building before an occupancy permit is
issued. Council President Busby said caution needs to be used when assessing the punitive fees because
it could be an honest mistake by the contractor.
Finance Officer Nielson explained the Golf Board has been meeting to discuss the fee changes for
the golf courses and reported on the operating revenues. From an operation standpoint without the
capital expenses and city/county revenue contributions, the Legacy Golf Course had a profit of about
$20,000 and Teton Lakes had an operating loss of about $20,000. Discussion regarding the cost of
operating the Teton Lakes Golf Course and the carryover of funds for the capital expenses at that golf
course. When the revenues increase so do the expenses.
Finance Officer Nielson continued to explain the fee changes for the golf courses. The fees increased
by an average of three and a half percent. The golf cart rental fee went up to $8.25 from $8.00; the cart
rental is a large revenue stream for the golf courses. In the Golf Board meetings, they discussed in
length the discounted college student season passes. The board members recommended the college
student season pass be discontinued.
Discussion regarding increasing the buddy pass to $199. Council Member Johnson said she believes the
buddy pass could be increased higher than the proposed amount. Finance Officer Nielson explained
keeping the buddy pass at a slightly lower cost will keep patrons interested in playing golf and then
hopefully convert to a Teton Lakes season pass holder.
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Finance Officer Nielson reviewed the fee changes for the Recreation Department. The Zone fees are
being discontinued because the Zone was closed. There is an increase in some of the sports programs
and some of the programs are being discontinued. Council Member Johnson asked why the Volleyball
fee is being increased. Finance Officer Nielson replied, the Recreation Director considers the operation
and overhead costs of a program, they then compare those costs with the revenues the program
generates and gages the fee so that the program is self-sustaining. Council Member Johnson expressed
her concerns with the volleyball program fee being too high, it may discourage some patrons from
participating. She asked for a comparison analysis in the number of participants per year to determine
if there has been a decrease or increase in the number of participants.
Finance Officer Nielson reported on the operating loss for Rexburg Rapids. The Fiscal Year 2023
budget for Rexburg Rapids is not completely closed so the estimated operating loss for Rexburg Rapids
is about $80,000 excluding the capital expenses. Finance Officer Nielson said one of the factors for the
significant operating loss is due to staffing. The pool manager used to be able to staff the facility at
minimum wage; however, they have had to ratchet up the wages to keep the part-time personnel.
Finance Officer Nielson mentioned the increase in the exclusive rental fee. All the exclusive rental
dates were booked last year. The reason for the increases at Rexburg Rapids is to obtain the revenues
needed for the fixed expenses. The expenses are such that they need to obtain the revenues needed by
increasing most of the fees.
Finance Officer Nielson explained the substantial increase in the Romance Theater Security Deposit
Fee. A larger security deposit will allow for more discretion because there have been many times where
people have needed additional resources than contracted. The pervious security deposit amount of $150
would not have covered any potential damage to the building.
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Finance Officer Nielson reviewed the Street Fees, the changes were recommended by Public Works
Director Davidson and City Engineer Beard. Council Member Erickson said he believes the claw-back
fees will be used a lot more in the future to be able to make better repairs and not only do patch work on
the city streets.
Council Member Chambers asked Finance Officer Nielson if the city’s goal is to eventually get to
zero subsidy or if a policy decision has been made to be satisfied at 90% subsidy. Finance Officer
Nielson explained they have been trying to get to a breakeven position and maintain an operating level
excluding the capital expenses.
Council Member Walker moved to approve to Set a Public Hearing on December 6th, 2023,
for the proposed fee changes; Council Member Erickson seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
B. Public Works: - Keith Davidson (2:18:09)
1. Request for Qualifications Approval for Rexburg-Madison County Airport
Environmental Assessment and Identification of Potential Land Acquisition, and
Architectural/Engineering Services for Land Acquisition.
Public Works Director Davidson reviewed the request for qualifications (RFQ) for the Rexburg-
Madison County Airport Environmental Assessment and Identification of Potential Land Acquisition,
and Architectural/Engineering Services for Land Acquisition. Only one consultant replied to the RFQ,
that consultant is Ardurra Community Consulting & Business Finance. Council President Busby asked if
they are going to complete additional environmental studies. Public Works Director Davidson said they
will need another environmental study on the land they trade with the Bureau of Land Management.
Council Member Busby asked Finance Officer Nielson if funds are being set aside for the
airport relocation. Finance Officer Nielson replied they have decreased the amount being set
aside. There is slightly less than one million dollars the city has set aside with the county
setting aside their portion of funds as well for the relocation of the airport.
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Council President Busby moved to approve the Request for Qualifications for the Rexburg-
Madison County Airport Environmental Assessment and Identification of Potential Land
Acquisition, and Architectural/Engineering Services for Land Acquisition; Council Member
Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Discussion regarding installing new streetlights and some streetlights that are not functioning. Council
Member Erickson asked Public Works Director Davidson to have the street crew and or the Police
Department report on stop signs being blocked by overgrown tree branches.
Mayor’s Report/Business: (2:25:10)
Mayor Merrill reported the Museum of Rexburg will be closing for the winter months on December
15th. There is a possibility the museum will not be housed in the tabernacle during the remodel of the
tabernacle. He mentioned he will be meeting with Sugar City representatives and County
Commissioners to discuss the Teton Dam Flood Commemoration.
Items for Consideration: (2:27:36)
A. Planning and Zoning recommendation to approve an amendment to the Rexburg
Development Code, Ordinance No. 1200, as it pertains to the Sign Code #23-00565.
Designated as Ordinance No 1304 if motion passes – Alan Parkinson
Planning and Zoning Administrator Parkinson explained some of the changes to the
Development Code as it pertains to the sign code including expired information. They are making sure
the definitions in the code are current standards. The pictures were replaced with up-to-date pictures
showing up to date signs. Most of the changes were organizational.
Council Member Flora questioned the accessory on premise sign: a sign, separate from the sign that
identifies the business, that advertises brands or products available at the business. She wondered if the
code is eliminating accessory on premise signs which would include event signs; such, as the Madison
School District bake sale, Celebrate Youth, or Dancing with the Stars. Planning and Zoning
Administrator Parkinson replied no, those types of signs are not being eliminated because those signs
can only be displayed for a short time frame.
Council Member Erickson moved to approve Ordinance No 1304 Amendment to the
Rexburg Development Code, Ordinance No. 1200, as it pertains to the Sign Code and consider
first read; Council President Busby seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Calendared Bills: (2:32:08)
1. Second Reading: Those items which have been first read: NONE
2. Third Reading: Those items which have been second read: NONE
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Consent Calendar: The consent calendar includes items, which require formal City Council
action, however, they are typically routine or not of great controversy. Individual Council
members may ask that any specific item be removed from the consent calendar for discussion
in greater detail. Explanatory information is included in the City Council’s agenda packet
regarding these items.
A. Minutes from November 1, 2023, Meetings
B. Approve the City of Rexburg Bills
Council Member Johnson moved to approve the Consent Calendar containing the minutes
and city bills; Council Member Flora seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Chambers
Council Member Erickson
Council Member Walker
Council President Busby
The motion carried.
Adjournment 7:31 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy City Clerk